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PEOPLE v. MADSEN

8736, 1837/10.

101 A.D.3d 444 (2012)

957 N.Y.S.2d 11

2012 NY Slip Op 8421

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN MADSEN, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

December 6, 2012.

Defendant's claim that the evidence was legally insufficient to disprove his agency defense is unpreserved and, we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits. We also find that the verdict was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). In this observation sale case, defendant's agency defense rested primarily on defendant...

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